Rohit Sao Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Rohit Sao Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail granted: petitioners to be released on bail in the event of arrest or surrender before the court concerned within eight weeks from 27-02-2024, on bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.VI, Danapur, Patna/concerned court in connection with Naubatpur P.S. Case No. 859 of 2022; subject to the Section 438(2) CrPC condition and additionally: (i) one bailor to be a close relative of the petitioners; (ii) petitioners to remain present on each date fixed by the court below, if so required by the learned trial court.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Naubatpur P.S. Case No. 859 of 2022 registered for offences under Sections 304B/34 of the Indian Penal Code (alleged dowry death of the informant's daughter), qualify for release on bail in the event of arrest or surrender (pre-arrest/anticipatory bail). +1 more

Court's answer

The petitioners were directed to be released on bail in the event of their arrest or surrender before the court concerned within eight weeks, on bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.VI, Danapur, Patna/concerned court in connection with Naubatpur P.S. Case No. 859 of 2022, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and the additional conditions that one bailor be a close relative and that the petitioners remain present on dates fixed by the court below, if so required.

Ratio / Principle

Bail was granted on the sole judge's assessment that the facts, circumstances and party submissions showed a lack of materials demonstrating any unnatural death, together with the possibility of false implication of the petitioners.

Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J), oral order dated 27-02-2024 in CRIMINAL MISCELLANEOUS No.66197 of 2023 arising out of Naubatpur P.S. Case No. 859 of 2022 (Patna, registered 27.12.2022): anticipatory/pre-arrest bail granted to petitioners Rohit Sao and Magaru Sao (sons of Laxaman Sao), brothers of co-accused Rahis Sao and brothers-in-law of the deceased, who apprehended arrest for alleged dowry death of the informant's daughter under Sections 304B/34 IPC. Petitioner-side submissions: innocence/false implication; death reportedly natural, occurring during treatment by a local doctor after night-time bouts of pain and vomiting; postmortem report showing no unnatural cause with opinion reserved pending tissue chemical analysis and histopathological examination; police investigation recording a natural death with no demand of dowry; petitioners having no criminal antecedent. Informant-side submissions: marriage solemnized in 2020, death within two years of marriage, with alleged dowry demand and threats. Weighing these, and noting lack of materials showing any unnatural death and the possibility of false implication, the sole judge released the petitioners on bail upon arrest or surrender within eight weeks, on bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each before learned A.C.J.M.VI, Danapur, Patna/concerned court, subject to the Section 438(2) CrPC condition, with one bailor to be a close relative and attendance on trial-court dates when required.